ISSN 0201–7385
ISSN 0130–0113
En Ru
ISSN 0201–7385
ISSN 0130–0113
Improving of Labor Law in the context of the developing of artificial intelligence technologies

Improving of Labor Law in the context of the developing of artificial intelligence technologies

Abstract

The relevance of the research is due to the rapid development of artificial intelligence technologies and their active introduction into the economic activities of a modern employer. This trend generates quite a few theoretical and practical issues in the field of labor law, especially taking into account the desire of the legislator to stimulate the widespread introduction of artificial intelligence technologies and adopt appropriate regulatory regulation in the foreseeable future. In the article, the author analyzes the practice of using artificial intelligence technologies in labor relations and comes to the conclusion that there is a need to improve domestic labor law. Based on a comprehensive analysis of the mechanisms of legal regulation of the digital economy, the author suggests possible approaches to improving labor law in the context of the development of artificial intelligence technologies. A general approach to improving labor law can be provided through the development and approval of strategic planning documents in the field of labor. The use of “smart regulation” methods, including legal experiments and public consultations, will allow assessing the effectiveness of various options for the proposed regulatory framework in advance. Finally, it seems reasonable to take into account the accumulated experience of applying “soft law”, in particular, the ideas contained in the Code of Ethics in the field of Artificial Intelligence.

References

  1. Davydova, M.L. (2020). “Smart regulation” as a basis for improving modern lawmaking. Journal of Russian Law, 11, pp. 14–29 (in Russ.).
  2. Lyutov, N.L. and Gerasimova E. S. (2016). Discrimination in the sphere of labor: issues of the effectiveness of norms and law enforcement practice. Actual problems of Russian law, 3(64), pp. 100–108 (in Russ.).
  3. Lyutov, N.L. (2019). Transformation of labor relations and new forms of employment in the digital economy. Journal of Russian Law, 7, pp. 115–130 (in Russ.).
  4. Nikitinsky, V.I. and Samoshchenko, I.S. (Eds.) (1988). Legal experiment and improvement of legislation. Moscow (in Russ.).
  5. Golovina, N.L. and Lyutov, N.L. (Eds.). (2022). Labor law: national and international dimension: monograph. (Vol. 2: Transformation of the problem of individual institutions of labor law. Atypical employment). Moscow (in Russ.).
  6. Filipova, I.A. (2019). Transformation of legal regulation of labor in a digital society. Artificial intelligence and labor law. Nizhny Novgorod (in Russ.).
  7. Filipova, I.A., (2021). The impact of digital technologies on labor: guidelines for labor law: monograph. Nizhny Novgorod (in Russ.).
  8. Barocas, S. and Selbst, A.D. (2016). Big Data’s disparate impact. California Law Review, 104, pp. 671–732.
  9. Kerrigan, C. (2022). Artificial Intelligence: Law and Regulation. Northampton.
PDF, ru

Received: 04/23/2023

Accepted: 05/14/2023

Accepted date: 04/01/2024

Keywords: artificial intelligence, digital economy, labor law, strategic planning, smart regulation, experimental legal regime, soft law, code of ethics

DOI Number: 10.55959/MSU0130-0113-11-65-1-12

To cite this article
Issue 1, 2024